Shares and Other Securities in the Conflict of LawsThis book examines the problems of choice of law where transactions cross borders and involve shares or other securities of different nationalities. It considers dealings in securities under the traditional direct holding system and under the modern system of holding through intermediaries. Various theories and legislative reforms have been suggested in an attempt to resolve these two methods, and the book examines the extent to which they provide a viable solution. |
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Contents
The Present State of the Common | 4 |
THE PRESENT STATE OF THE COMMON LAW 1 | 8 |
THE EFFECT OF INSOLVENCY 9 | 9 |
Analysis of Choice of Law Rules which have been | 13 |
WHAT IS A SHARE? 3 01 | 43 |
What is a Share? | 44 |
Transfers or Assignments and Pledges of Shares | 52 |
Characterization | 62 |
43 | 114 |
87 | 129 |
Assignments and Collateralization | 158 |
The Effect of Insolvency | 202 |
Statutory Intervention | 210 |
European Legislation | 226 |
to Certain Rights in respect of Securities Held with | 283 |
Comparison of Choice of Law Treatments | 310 |
CHARACTERIZATION 5 01 | 64 |
CHOICE OF LAW APPROACHES FOR DEALINGS | 85 |
The Indirect Holding System | 88 |
ANALYSIS OF CHOICE OF LAW APPROACHES FOR | 92 |
Reformulation of Choice of Law Rules | 322 |
| 333 | |
| 345 | |
Common terms and phrases
acquired agreement analysis applicable law apply approach arising arrangement Article 9(2 assets assignment authority Bank bearer certificates Chapter characterization choice of law chose claims collateral security competing concerned connecting Consequently considered contract Court Court of Appeal dealings debt decided decision determine Dicey & Morris discussed effect England English law entitlement European example fact Finality Directive given governed Hague Convention held holder identified indirect holding system insolvency inter interest intermediary investor issue issuer is incorporated Italy jurisdiction law rule London Macmillan matter nature negotiable obligations operator particular perfection person position possible priority problem proceedings proper law proprietary question reason recorded reference regarded Regulation relation requirements respect risk selected shareholder shares situated situs specific takes thing was created third parties tion transaction transfer trust validity Widget York
Bibliographic information
| Title | Shares and Other Securities in the Conflict of Laws Oxford Monographs in Private International Law Oxford private international law series |
| Author | Maisie Ooi |
| Edition | illustrated, reprint |
| Publisher | Oxford University Press, 2003 |
| ISBN | 0199256136, 9780199256136 |
| Length | 358 pages |
| Export Citation | BiBTeX EndNote RefMan |